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PETITIONER: W.B.S.E.B.

       Vs.

RESPONDENT: FAKIR CHAND RICE MILLS & ORS.

DATE OF JUDGMENT:       27/02/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. AHMAD SAGHIR S. (J) G.B. PATTANAIK (J)

CITATION:  JT 1996 (2)   569        1996 SCALE  (3)67

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Mr. A.D.  Sikri, learned  counsel]  accepts  notice  on behalf of the respondents. We have heard the counsel for the parties.      Leave granted.      As  rightly   pointed  out   by  the  counsel  for  the respondents, it  is a  discretionary order.  The  discretion would also  be properly  exercised by  the courts below when dealing  with   the  points  in  controversy.  A  demand  of Rs.28,68,264.06 was  made on  the allegation that there were pilferages in  the meter  reading of  the electrical  energy supplied to  the respondents.  In a  suit by the respondents for supply  of energy  to the  respondents, the  trial Court directed payment of Rs.2,60,000/- and odd. On appeal, it was confirmed. When  it was  carried in revision, the High Court in C.O.  No.2714 of 1995 modified the order and directed the respondents to  deposit a  sum of  Rs.5,50,000/-. Thus  this appeal by special leave.      A demand  notice for  Rs.28 lakhs  and odd  having been issued, the  question is:  whether the  Court was  right  in directing ultimately  payment  of  Rs.5,60,000/-?  The  High Court does  not appear  to  have  addressed  itself  to  the questions. lt  simply repeated  that it  was a discretionary order passed  by  the  courts  below  directing  payment  of Rs.2.60 lakhs  and at the same time directed the respondents to deposit  Rs.5,60,000/- without  adjudicating the  matter. Normally, in  matters of  money claim,  at least half of the amount would  be directed  to be  deposited In the situation obtaining in  this case,  when the appellant is obligated to supply  electrical  energy  to  the  respondents,  an  equal obligation has  to be  cast on  the respondents  to pay  the amount subject  to determination of controversy in the suit. Under these  circumstances, the  respondents are directed to deposit a  sum of  Rs.12 lakhs within a period of two months from today.  If the amount of Rs.5,60,000/- has already been

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deposited, the  same may be given credit for the payment and the balance be paid within the aforesaid period.      The appeal is accordingly disposed of. No costs.